SENATE, No. 1655

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 28, 1996

 

 

By Senators SINAGRA and GORMLEY

 

 

An Act concerning certain motor vehicle accidents and supplementing chapters 11 and 12 of Title 2C of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. The operator of a motor vehicle who knowingly is involved in an accident and violates the provisions of R.S.39:4-129 by leaving the scene of that accident shall be guilty of a crime of the third degree if that accident resulted in the death of another person. A person convicted under this subsection shall be subject to a mandatory minimum term of imprisonment which shall be fixed at one year, during which the defendant shall be ineligible for parole.

    Nothing in this subsection shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 or for vehicular homicide under the provisions of N.J.S.2C:11-5.

    Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 or for vehicular homicide under the provisions of N.J.S.2C:11-5.

    For the purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware that the accident resulted in the death of another person as long as the operator was aware that he was involved in an accident.

 

    2. The operator of a motor vehicle who knowingly is involved in an accident and violates the provisions of R.S.39:4-129 by leaving the scene of that accident shall be guilty of a crime of the fourth degree if that accident resulted in serious bodily injury to another person. A person convicted under this subsection shall be subject to a mandatory minimum term of imprisonment which shall be fixed at 180 days, during which the defendant shall be ineligible for parole.

    Nothing in this subsection shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.

    Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assualt or assault by auto under the provisions of N.J.S.2C:12-1.

    For the purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware that the accident resulted in serious bodily injury, or was unaware of the extent of personal injury caused by the accident, as long as the operator was aware that he was involved in an accident.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill establishes leaving the scene of a motor vehicle accident as a crime in certain cases.

    Under the provisions of the bill, a person who knowingly leaves the scene of an accident which results in the death of another would be guilty of a crime of the third degree and subject to a mandatory one year term of imprisonment. A person who knowingly leaves the scene of an accident which involves serious bodily injury to another is guilty of a crime of the fourth degree and subject to a mandatory 180 day term of imprisonment.

    The bill further specifies that there is to be no merging of convictions. A person convicted of knowingly leaving the scene of an accident that results in the death or serious bodily injury of another also may be convicted, if the evidence so warrants, of aggravated manslaughter, vehicular homicide, aggravated assault or assault by auto.

    To successfully convict a person of the crime of vehicular homicide, a prosecutor must establish that the driver operated the motor vehicle in a reckless manner. A prosecutor must establish the same standard of reckless operation in assault by auto cases.

    Creating this new crime will enable prosecutors to seek convictions in cases where they know the driver of a vehicle involved in an accident was responsible for the death or serious bodily injury of another, but are unable to establish that the driver operated the vehicle "recklessly."

 

                             

 

Establishes leaving the scene of an accident as a crime in certain cases.